


Obergefell v. Hodges

by Charowak



Category: The West Wing
Genre: M/M, President Matt Skinner, US Legalization of Same-Sex Marriage, US Supreme Court
Language: English
Status: In-Progress
Published: 2019-05-16
Updated: 2019-05-16
Packaged: 2020-03-06 13:53:29
Rating: Teen And Up Audiences
Warnings: No Archive Warnings Apply
Chapters: 1
Words: 3,018
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/18852391
Author URL: https://archiveofourown.org/users/Charowak/pseuds/Charowak
Summary: Sam and Josh didn't want to get married until it was legal for every other couple like them to do the same.





	Obergefell v. Hodges

**Author's Note:**

> Blending fact with fiction: Obergefell v. Hodges (2015) is the landmark United States Supreme Court case that declared any ban of same-sex marriage on the state level to be unconstitutional, thus legalizing such unions on the federal level. In creating the bench for my fictional representation of the case, I included the three justices appointed by President Bartlet: Evelyn Baker Lang, Christopher Mulready, and Roberto Mendoza, as well as three real-life justices who ruled on the case: Anthony Kennedy, Sonia Sotomayor, and Antonin Scalia. I took the liberty of adjusting Justice Sotomayor’s confirmation process by a couple of months so that it would fall during Pride Month; in reality she was appointed in May of 2009 and confirmed in August.

_ Friday, June 5, 2009 _

Josh Lyman was nervous on the eve of President Santos’ speech at Washington Pride, and for more than one reason.

In his hotel room alone, he held in his hands a hastily mixed drink while the television flashed at him in the dark. That morning, by an overwhelming majority, the United States Senate had confirmed one Sonia Sotomayor as the newest Associate Justice of the Supreme Court. Her appointment and successful confirmation was one of the best things Santos had accomplished in his presidency thus far, and with reelection looming on the horizon, a joint effort that was sure to follow him and his esteemed Chief of Staff into the future. Josh couldn’t help but be pleased as he watched every major news outlet from C-Span to Capitol Beat to the Taylor Reid show lauding the event. He had paused his channel-flipping on the latter program to see his former colleague C.J. Cregg deftly admonishing Reid for his clearly racist and sexist opinion of the newest Justice without using either buzzword. “It’s a shame she didn’t stay in politics,” Josh said to no one before having another sip of his drink.

Sam had gone home. He said he wanted to be well rested for what may be the biggest day of the Santos presidency. Josh shared no similar ambition; he believed sleep was for the weak, and even if he wanted to, he wouldn’t be able to do so. President Matthew Santos, the man he had plucked out of the cornfield of the House of Representatives three years prior, was slated to go on stage tomorrow, behind the seal of the President and in front of a giant rainbow flag. President Bartlet had never taken a formal stance on gay rights. With the new millenium beginning, everyone knew its newest liberal president was going to have to speak out in support of it sometime, and Josh knew every social conservative in America had a number of arguments stowed safely in their drawers and back pockets, ready for the day he did so. And here was the real kicker, to be revealed the moment President Santos opened his mouth upon that stage: unbeknownst to anyone other than senior staff, he planned in his speech to come out as bisexual. Of course Josh, bisexual himself, was beyond proud of his President, but he feared the political repercussions of such an announcement. The Republicans were going to have a fucking field day. They’d already been through this when Josh’s romantic and sexual relationship with his male deputy became public. Now what? Was the Republican-controlled House Government Oversight going to dig up every boyfriend Santos had in high school and question them? Would the fact that the president had married a woman and with her sired two children be enough to placate the hungry masses? These questions and others raced around in his mind, but none stronger than a completely unrelated one:  _ Is Sam going to say yes? _

Josh opened the drawer of his nightstand. In a blue velvet box that he pulled from the drawer and opened for the thousandth time sat two silver rings. Jed (President Bartlet now insisted that all of his former senior staff call him that, although they rarely did) had helped him purchase them. It was on the former President’s insistence that two words were engraved on the inside of each ring:  _ Utraque unum, _ that the two may become one. Josh fiddled with the rings as he continued to watch the television. He smiled to himself as he remembered that he may not be able to determine the most significant move of his political career yet, but he knew with these two rings he was to make the most significant move of his entire life.

 

_ Saturday _

Josh and Sam stood together with the other senior staff behind the stage that had been set up on the Mall for Santos’ speech. So far, the President had hit all the hits and none of the misses; the crowd on the other side of the stage was raving. “It’s coming,” Sam whispered to Josh, folding his fingers around his hand. Josh smiled at his partner and squeezed tightly before returning his gaze to the man on the stage.

“I stand before you today not simply as a supporter of you, but as one of you,” the President said. He paused for a moment; Josh’s heart pounded against the blue velvet box in his inside suit pocket. “I am bisexual.”

There was a beat of silence. Josh and Sam glanced at each other in anticipation, and then the crowd broke into deafening applause. “Yes!” Sam shouted, throwing his arms around Josh and lifting him off the ground. Josh planted a firm kiss on Sam’s cheek, and Sam spun his face towards his for another on the lips.

“Jesus Christ, you two, get a room!” Lou said over the roar, a playful tone in her voice.

“Shut the hell up!” Sam retorted, putting Josh back down.

“Hey, shh!” Josh placed his hand firmly over Sam’s mouth; the President was speaking again.

“But this event is not about me,” President Santos said. “This event is about the struggle for acceptance that I and too many others have faced. Every American deserves to be viewed in the eyes of the government in the same light, without regard to whom they wish to spend their lives with. And with that, I’d like to invite my Chief of Staff to join me on the stage; I believe he has a special announcement to make.”

“Wait a minute, this wasn’t in the speech I wrote.” Lou turned to Josh, her brow furrowed.

“Don’t worry about it,” Josh said, giving Sam’s hand one final firm squeeze before ascending the stairs to the pulpit.

Once on the stage, President Santos shook Josh’s hand and then hugged him. “Good luck, kid,” he whispered.

“Thanks.” Josh assumed his position in front of the microphone and tapped it with his fingernail to test it. “Good afternoon, everybody. Thank you, Mr. President, for your words. I don’t wish to undermine his incredible speech with anything I’m about to say, but…” He took a deep breath. “Unless you’ve been living under a rock for the past year, you are aware that I’m romantically involved with the lovely Samuel Seaborn, who I would like to ask to come on up here, right now.”

Josh looked down to where the senior staff had gathered around President Santos; he saw Sam standing in his surprise while Santos patted him on the back and Lou gently pushed him in the direction of the stage. The President, complicit in the plan, turned his head towards Josh and winked as Sam approached him on the stage.

Josh stepped down from the pulpit to meet Sam; a technician rushed over to him with a handheld microphone. “Thank you,” Josh said to the technician, into the microphone to be sure it worked. “I’m gonna try my best to keep this quick. Sam, you know I’ve loved you for a very long time. You keep me sane, you keep me honest, you keep me doing the good work the American people sent us here to do. There’s absolutely nothing I want more than to be able to spend the rest of my life with you by my side.” Josh reached into his inside pocket, found the blue velvet box, flipped it open, and got down on one knee, presenting the box to his boyfriend. “Sam, will you marry me?”

Sam’s mouth fell open, a grin widening across his face. “Yes.”

Josh covered the microphone. “You gotta nod, buddy, they can’t hear you.”

Sam bobbed his head up and down, the shock still settling in, as the cameras flashed and the assembled gays screamed in approval. Josh rose to his feet as Sam wiped away a tear forming in his left eye; Josh could feel his own eyes beginning to well up as he looked from Sam’s face back to the crowd. “W-which one’s mine?” Sam stammered, voice heavy with emotion.

“The bigger one.” Josh plucked the bigger one from the box and slipped it onto Sam’s left ring finger. Sam did the same with the other ring before Josh snapped the box shut and they embraced.

“What do the words mean?” Sam said into Josh’s ear.

“That the two may become one,” Josh whispered, kissing Sam’s ear. “The entire premise of marriage.”

Sam laughed and then sniffled. “Did Jed have something to do with that?”

“You bet.”

They released each other from the embrace as President Santos rejoined them on the stage. He hugged each of them in turn, then returned to the pulpit; Josh took Sam’s hand and led him back to the collection of senior staff, where Lou slapped him gently across the face. “You dick, why didn’t you tell me about this?”

“Didn’t want anyone ruining the surprise,” Josh replied.

The newly engaged couple offered handshakes and hugs to the rest of the gathered staff: press secretary Ned, deputy communications director Otto, and White House Counsel Ainsley. As the applause of the audience finally died down, the President began to speak again.

“I admit I was party to that little show you just witnessed. Very few people knew about the statement I made before it, but only I, Josh, and former President Bartlet knew about the proposal. I’m sure each and every one of you will join me in offering congratulations and wishes of a lifetime of health and happiness to Josh Lyman and Sam Seaborn.” President Santos raised his hands to applaud, and the crowd joined in.

Josh held Sam’s hand, rubbing his thumb against the ring. “Smile, honey, the cameras are all on us now.” Josh used his free hand, the one with the ring on it, to wave in the direction of the press corps, then released Sam’s hand and instead draped his arm around his shoulders. They leaned into each other, their heads touching.

“I want to lead a country,” Santos continued, “where my Chief of Staff and Deputy Chief of Staff are able to marry without our government, for which they work so hard, telling them it is wrong. I will lead the charge into the dawning century, the one when the United States of America will legalize gay marriage!”

Josh and Sam joined in the hooting and hollering of the senior staff. For the moment, none of them cared about the political repercussions of all that had happened in the past five minutes. Josh was proud to be alive, engaged, and serving at the pleasure of his President, for whom he had never held more respect.

 

_ Saturday Evening _

Lou and Ned had hastily arranged an engagement party to be held in the East Room, and all the White House staff were invited. After the festivities were over, Josh and Sam headed back to Josh’s apartment for the night. Josh was incredibly drunk and had trouble making it up the stairs, but luckily he had Sam to help him with that. Once they had reached the top of the stairs, Josh grabbed Sam’s face and planted a sloppy kiss on his lips. “Thanks, babe,” he said. “Don’t know where I’d be without you.”

“Come along, Joshua, there will be plenty of time for that when we get inside.”

“Noooo, I want to kiss you  _ right now. _ ” Josh did not release his grip on Sam’s head and continued to kiss him, all over his face. “Take off your pants. I’m gonna suck your dick right here.”

Sam laughed and lifted Josh up by his waist to bring him inside. “No, you’re not.” He unlocked Josh’s door and once inside, laid him down on the couch. “Let’s check your voicemail.”

“Okaaaaay,” Josh slurred.

Sam sat down next to Josh on the couch, beside the end table the phone rested on. Josh scooted over so his head was in Sam’s lap. Sam deleted most of the voicemails before he got to an important one. “This one’s from C.J. You want to return it, right?”

“Yeah. Right now.”

Sam ruffled Josh’s hair. “You sure?”

“Yeah. Right now.”

“Okay.” Sam shrugged and started the call. 

C.J. answered after the first ring. “Josh Lyman! Or should I say Josh Seaborn? Have you decided which way the last names are going yet?”

Sam chuckled. “Oh, we haven’t gotten that far yet. Hi, C.J.”

“Oh, and who could it be but Sam Seaborn himself? Congratulations to both of you! Do you have a date yet? A wedding party?”

“No and no, but you’ll be in it. How does maid of honor sound?”

“Great, although I’m not a maid.”

“Eh, who cares? How is Danny, speaking of?”

“Danny and I are fantastic. How are you two, besides the obvious? Is Josh even there? I see you’re calling from his house.”

Josh let out an earthshaking belch. “Hey, C.J.”

“Oh my God, Josh. Sam, get your boyfriend a sandwich before he throws up.”

“I think-- fiance is the proper term now,” Josh muttered.

“Of course. Where are my manners? Not that yours are anywhere to be found. How many drinks have you had, one and a half?”

“Hey! I had  _ four  _ drinks, and  _ Sam  _ is about to go to the fridge to get me another one, right honey?”

“Absolutely not,” Sam said.

“Claudia Jean, I love you and it’s great talking to you,” Josh said, “but I have to suck Sam’s dick now.” Sam lightly smacked the side of Josh’s face. “Ow!”

C.J. laughed. “Of course you do. I love you guys. Keep me posted on wedding plans, okay?”

“Absolutely. Love you.” Sam hung up the receiver and wove both of his hands into Josh’s hair. “Well?”

“Right,” Josh said. “Can we snuggle first?”

“Okay.” Sam stood up and lifted Josh off of the couch. Josh fell asleep in Sam’s arms before he could even put him down on the bed. Sam undressed his sleepy fiance and tucked him in, then undressed himself and got into the bed with him. The moonlight shone through the window, highlighting all the best features of the sleeping man’s face. Sam smiled and moved closer to Josh, draping his arm across his chest, tucked his head into his shoulder, and closed his eyes.

 

_ Sunday _

When Josh awoke the next morning, Sam was not in bed with him, but the smell of pancakes and the sound of the coffee machine informed him of where he was. Josh rolled over and stretched; he hoisted himself out of bed and fetched a clean T-shirt from the dresser, then followed his senses out into the kitchen.

“Good morning, sunshine,” Sam said, not looking up from the stove. “Sleep well?”

Josh yawned. “Yeah.”

“How hungover are you?”

“Not at all, believe it or not.”

“I don’t. Eat up.” Sam turned from the stove to point to a plate of pancakes set up on the kitchen table; next to it was a cup of coffee, already prepared exactly the way Josh liked it.

“Thanks, babe.” Josh sat down and began stuffing his face with the pancakes. “These are delicious,” he said between chews. “You should’ve gone to culinary school, became a, I don’t know, a chef or something.”

“Okay, and where would you be if I had?”

“I don’t know, President Hoynes might have appointed himself supreme dictator of the United States by now.”

“You know it.” Sam flipped the last of the pancakes onto his own plate and took the seat across the table from Josh. The two ate in silence for several minutes. Silence was never awkward between Sam and Josh. They talked almost constantly while at work, and even more when not at work; they were some of the most well-known talkers in the Santos administration. But even when they weren’t speaking, they had gained the ability to communicate simply by being in each others’ presence, something that came easily to them after having been best friends for so many years.

Once they had finished the pancakes, Sam broke the silence. “So, you know, we should discuss wedding plans at some point.”

“Yeah, about that.” Josh took a sip of his coffee and set it back down. “I’ve been thinking about this ever since I decided to propose to you, and--”

“And when did you decide to propose to me?”

“I dunno, sometime in, like, 2001.”

Sam shrugged. “Nice.”

“Yeah, so I was thinking. If you and I were to get married, I wouldn’t want to do it until gay marriage is legal everywhere in the US.”

“Oh, because our marriage is a political statement and nothing else?”

“No, that’s not-- that isn’t what it is at all. I just thought it wouldn’t seem fair to people who live in Florida that can’t afford to fly up to Connecticut to make their marriage official, and with us being two of the most high-ranking officials in the American government, it would be, you know, a really loud thing that would probably piss off a lot of LGBT rights groups.”

Sam tapped his hand on the table a couple of times. “Yeah, I can’t really disagree with you when you’re right.”

“You couldn’t disagree with me if you tried.” Josh produced his signature snarky smile, the one that Sam had fallen victim to countless times. 

Sam laughed. “Yeah, okay.”

“Well.” Josh leaned back in his chair. “Today’s our day off, but if we start tomorrow, do you think we could make gay marriage legal, the two of us, working as a team?”

Sam grinned and locked eyes with Josh. “I am one hundred percent confident in our ability to do that.”

“Why do you do that? Talk like a writer when you’re not writing?”

“Because you think it’s cute.”

“Yeah, I can’t really disagree with you when you’re right.” Josh leaned over the table, cupped Sam’s face in his hands, and kissed him. Tomorrow they would formulate their plan to change the world, but today was their day off. Today was all fun.

**Author's Note:**

> I must confess I haven't written the second chapter yet. It is a flash-forward to 2015; I've got some interesting stuff in there for you. I hope you enjoyed! Please leave comments I love comments. You can find me on both Twitter and Tumblr as itsjoshlyman.


End file.
